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NORTHERN NATURAL GAS CO, DIV. OF INTERNORTH, INC. v. F.E.R.C.

Nos. 84-1516, 85-1045.

780 F.2d 59 (1985)

NORTHERN NATURAL GAS COMPANY, DIVISION OF INTERNORTH, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. NORTHERN NATURAL GAS COMPANY, DIVISION OF INTERNORTH, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided December 31, 1985.

As Amended December 31, 1985.

Rehearing Granted March 27, 1986.

Attorney(s) appearing for the Case

David B. Ward, Washington, D.C., with whom Henry C. Rosenthal, Jr., Omaha, Neb., and Allan W. Anderson, Jr., Washington, D.C., were on the brief, for petitioner in Nos. 84-1516 and 85-1045.

Joel M. Cockrell, F.E.R.C., with whom Barbara J. Weller, Deputy Sol., F.E.R.C., Washington, D.C., was on the brief, for respondent in Nos. 84-1516 and 85-1045.

Christopher K. Sandberg, St. Paul, Minn., for intervenor Minnesota Dept. of Public Service in Nos. 84-1516 and 85-1045.

William T. Miller and Susan N. Kelly, Washington, D.C., were on the brief for intervenor Northern States Power Co. in Nos. 84-1516 and 85-1045.

Edward J. Brady entered an appearance for Michigan Power Co., intervenor in No. 84-1516.

Edward J. Grenier, Washington, D.C., entered an appearance for Process Gas Consumers Group, intervenor in No. 84-1516.

Before WRIGHT, BORK and SCALIA, Circuit Judges.

Rehearing En Banc Granted March 27, 1986.*

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

Northern Natural Gas Company challenges two conditions attached by the Federal Energy Regulatory Commission to a certificate of public convenience and necessity issued to Northern pursuant to Section 7 of the Natural Gas Act ("NGA"), 15 U.S.C. § 717f (1982), authorizing it to sell natural gas to certain...

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